JUDGMENT

S.B. Sinha, J.—The Appellant along with one Prakash and Babulal was prosecuted for commission of an offence under Section 302 of the Indian Penal Code. A First Information Report (FIR) was lodged by Nathuram (PW-1). He was the elder brother of the deceased Ramkishan. In the FIR, it was alleged that on 28.2.1986 at about 7.45 a.m. all the three accused persons armed with axe, lathi and musal came to their house. They asked the deceased Ramkishan not to construct wall on their land and to do so on their own. Ramkishan asserted that the land belonged to him whereupon the Appellant herein is said to have been given a blow by axe on his head. Babulal is said to have given a blow on the deceased by his musal on his chest. Savitri, wife of Nathuram (PW-3) allegedly rushed to save him. She allegedly was assaulted by Prakash by inflicting lathi blow on her head and shoulder.

2. A case was instituted against the accused persons named in the F.I.R. under Sections 324 and 506 of the Indian Penal Code. Ramkishan was taken to Gwalior Hospital for further treatment. He died on 2nd March, 1986, whereupon the offence was altered to one under Section 302 of the Indian Penal Code.

3. In the p